Housing health and safety rating system One Day Course: Enforcement

1. Housing health and safety rating system One Day Course: Enforcement

2. HHSRS Training: Enforcement Session 1: Introductions & Course Aims

3. Delegate introductions • Name • Nature of job • Employer • Use of HHSRS since Module 3 • Awareness of Enforcement Guidance

4. Review of Options for Action In groups of four, discuss – • What options for action are available? • What sort of matters should be taken into account? • In what circumstances might each option be most appropriate?

5. Course Aims To ensure relevant staff within LHAs: - • understand the options for action after the HHSRS assessment • can determine the most appropriate course of action and prepare a statement of reasons for the action • understand how to proceed with emergency action • understand the role of the Residential Property Tribunal

6. HHSRS Training: Enforcement Session 2: Part 1 – The Context of Enforcement

7. Review of Housing Conditions • LHAs required to keep housing stock under review and to identify any action (s3) • LHAs must • Comply with any directions from the appropriate national authority • Keep records as required by the appropriate national authority

8. Inspections • On receipt of a complaint • Where LHA consider it appropriate for identifying any HHSRS hazards (s4) • private sector strategy, other strategies such as fuel poverty and energy efficiency • Following Official complaint (s.4(2)) • Where HHSRS hazard identified (or Clearance Area should be declared) written report to be made to LHA

9. Inspections • Inspector must • Have regard to the guidance under s9 • Prepare an accurate and detailed record of findings • Purpose is to determine whether any HHSRS hazards exist

10. Powers of Entry Power of Entry (after 24hrs notice) where: - • Inspection necessary under s4(1) • To determine whether any functions under Part 1-4 should be exercised • Premises are subject to: - • Improvement Notice or Prohibition Order; or • Management Order which is in force (Chaps. 1 or 2 of Part 4)

11. Power to charge • Recovery of expenses associated with Hazard Awareness or Improvement Notice Prohibition Order etc (s49) • Can include inspection, consideration of most appropriate action and service • Must be reasonable and capable of being substantiated

12. Enforcement Guidance • Statutory basis and LHAs must have regard to it (s9) • Replaces Annex B of DoE Circular 17/96 and DoE Circular 12/92 (HMOs)

13. Enforcement Concordat • Set clear standards • Have clear and open provision of information • Help landlords by advising on and assisting with compliance • Have a clear complaints procedure • Ensure enforcement action is proportionate to the risks involved • Ensure consistent enforcement practice

14. HHSRS Training: Enforcement Session 3: Options for action

15. The Status of HHSRS • HHSRS – prescribed assessment method • LHAs must ensure that officers are familiar with HHSRS • HHSRS assessment is first stage – it does not determine action

16. HHSRS Rating and Action • Stage 1 – determine hazard score(s) • Stage 2 – in light of score does LHA have duty or power to consider action • Stage 3 – what is the most appropriate means of dealing with hazard(s)

17. Options for action • Improvement Notice (s11) • Prohibition Order (s20) • Hazard Awareness Notice (s28) • Emergency remedial action (s40) • Emergency Prohibition Order (s43) • Demolition Order (s265 1985 Act as amended) • Clearance Area (s289 1985 Act as amended)

18. Points to Note • Cannot take >1 action simultaneously for same hazard • Can take same or different course for same hazard subsequently if initial action failed • Emergency remedial action – single course of action • Category 2 Hazards – Emergency remedial action, Demolition and Clearance not available

19. Case Study Exercises – Session 1

20. HHSRS Training: Enforcement Session 4: Decisions & Statement of Reasons

21. Matters to Consider • Action should be proportionate • Multiple hazards may indicate run-down property • Current occupants and regular visitors • Vulnerability • Occupancy likely to change • Social exclusion • Views of occupants

22. Statement of Reasons • Required by s8 • Copy must accompany all notices and orders and copies of them • For clearance areas to be published as soon as possible after resolution of declaration • No prescribed form

23. Improvement Notice • Requires action to • Remove Category 1 or 2 Hazard • Same notice can deal with >1 hazard (whether Cat 1 or 2) • Prevent recurrence within reasonable period • Not available where Management Order under Part 4 Chap. 1 or 2

24. Prohibition Order May be appropriate where • Remedial action unreasonable, impractical or unreasonably expensive • Premises listed building Also consider • Impact of Order on social exclusion • Relation to neighbouring buildings • Alternative uses • Proposals for area and impact on locality

25. Hazard Awareness Notice May be appropriate where • Minor hazard • Remedial action unreasonable, impractical or unreasonably expensive • Landlord has agreed to remedial action Note – Does not prevent further formal action should unacceptable Hazard remain

26. HMOs and Multi-Occupied Buildings Where action is to be taken under Part 1 and a fire hazard exists • LHA must consult Fire & Rescue Authority • But, where emergency measures proposed, duty applies only so far as is reasonably practicable • HHSRS not part of licensing criteria

27. HHSRS Training: Enforcement Session 5: Suspension & Emergency Action

28. Suspension Improvement Notice and Prohibition Order • May be suspended until time or event specified • Reviewed any time (not less than annually) • Decision on review to be served on all persons originally served

29. Suspension Matters to consider • Alternative to Hazard Awareness Notice • Vulnerable age group not present • Occupants’ views • Option for more strategic approach

30. Emergency Actions Available where • Category 1 Hazard(s) + imminent risk of serious harm Options • Remedial action • Prohibition

31. Emergency Actions Remedial Action • Whatever action necessary to remove the imminent risk • Notice to be served within seven days of taking the action • Expenses recoverable as work done in default

32. Emergency Actions Prohibition • Prevents occupation of all or part of premises • Has immediate effect, and is served on the day it is made • Can be reviewed or revoked as ordinary Orders • Compensation payable (ss584A & 584B of 1985 Act)

33. HHSRS Training: Enforcement Session 6: Appeals & Residential Property Tribunal

34. Appeals & RPT • Right of appeal against notice, order or decision of LHA • All appeals made to the Residential Property Tribunal • No legal representation necessary

35. Appeals – Improvement Notice • To be made within 21 days of service(28 days for variation or revocation) • Can be on any ground • Two specified grounds: • One or more owners ought to take the action or pay the whole or part of the cost • A Prohibition or Demolition Order, or Hazard Awareness Notice is the best course of action Procedure – Sch 1, Part 3

36. Appeals – Prohibition Order • To be made within 28 days(28 days for variation or revocation) • Can be on any ground • One specified ground • An Improvement Notice, Demolition Order, or Hazard Awareness Notice is the best course of action Procedure – Sch 2, Part 3

37. Appeals – Powers of RPT • Can give directions for securing the “just and expeditious and economical disposal of the proceedings” (s.230) • May confirm, quash or vary the Notice, Order or Decision • Where alternative course of action is basis of appeal, RPT must have regard to s.9 guidance

38. Appeals - Emergency Actions • To be made within 28 days of date specified in notice or date Order made • Appeal will not prevent the action from being taken or Prohibition Order having effect • RPT may confirm, quash or vary the Notice, or Order

39. Case Study Exercises – Session 2

40. Case Study Exercises – Session 3

41. HHSRS Training: Enforcement Session 7: Other Enforcement issues

42. Offences • Failing to comply with Improvement Notice or Prohibition Order • Defence of reasonable excuse • Continuing obligation to take remedial action after expiry of period for completion

43. Enforcement of Notices and Orders • Prosecution • Works in default • Revocation/Variation

44. Prosecution • Magistrates Court • Notice – Maximum fine for non-compliance is level 5 • Prohibition Order – Maximum fine for breach is level 5 plus daily penalty up to £20 per day for breach after conviction

45. Work in Default Action • With agreement and at expense of person served with notice • Without agreement where notice not complied with • Notice of intention “sufficiently in advance” • Recovery of expenses (including where action by person served after notice of intention) Sch 3

46. Revocation & Variation - Improvement Notice • Must be revoked once complied with • Can be revoked in part as different hazards remedied – then Notice has to be varied • Notice can be varied by agreement (including where suspended) • Revocation or variation can be on LHA’s initiative or on application by person served

47. Revocation & Variation - Prohibition Order • May be revoked or varied at any time if LHA satisfied that hazard no longer exists • May be revoked where Category 1 Hazard but there are “special circumstances” • Revocation can apply to only part of the Order if more than one hazard, Order then varied as appropriate • Revocation or variation can be on LHA’s initiative or on application by person served

48. Further Information • Housing Act 2004 • Enforcement Guidance • Enforcement Regs • ODPM dedicated web-site – http://www.odpm.gov.uk/stellent/groups/odpm_housing/documents/divisionhomepage/039012.hcsp